Here are the answers to some of the questions readers have had this week about the resignation of Sheriff Mike Carona:

Q: If it’s illegal for Carona to accept the pro bono services of two attorneys working on his criminal case, how could Mike Schroeder represent him for free for all those years?

A:State law allows for free legal services to political candidates under the government’s election code, so Schroeder was free to act as Carona’s lawyer on those issues for, well, free. (Schroeder also worked pro bono on Trung Nguyen’s unsuccessful election challenge of Supervisor Janet Nguyen.)

Watchdog Shirley Grindle’s complaint to the California Attorney General, which triggered Carona’s resignation, refers to the difference. “It is my understanding that free legal services to a candidate or elected official in the state of California, for defending against charges that are not associated with the violation of state or local campaign, disclosure, or election laws, or for a recount contest, constitutes a gift.”

It was the state law banning a “gift” – the pro bono services of the criminal defense attorneys – which Carona cited as his reason for stepping down. State law sets the limit on a gift as approximately $396 – which wouldn’t even pay for an hour’s pay for one of the lawyers.

Q: Which law was Supervisor John Moorlach citing when he said it was improper for Carona to appoint an assistant sheriff as the interim sheriff?

A:Moorlach (along with Mario Mainero, his chief of staff who happens to be a former law professor) was looking at this section (Government Code Section 24105) for the regular process for appointment:

“If the office of any of the county officers enumerated in Section 24000 of this code is vacant the duties of such office may be temporarily discharged by a chief deputy, assistant or deputy of such officer, as the case may be, next in authority to such county officer in office at the time the vacancy occurs, with like authority and subject to the same obligations and penalties as such county officer, until the vacancy in the office is filled in the manner provided by law; provided that if the vacancy occurs in the office of sheriff, the duties of such office shall be discharged by the undersheriff, or if that position is vacant, by the assistant sheriff, or if that position is also vacant, by the chief deputy next in line of authority.”

Because Undersheriff Jo Ann Galisky turned down the interim job (she cited family reasons), Moorlach and Mainero believed the board should get to fill that position. They cite Government Code Section 25304:

“The board of supervisors shall fill by appointment all vacancies that occur in any office filled by the appointment of the board and elective county officers, except judge of the superior court and supervisors. The appointee shall hold office for the unexpired term or until the first Monday after January 1st succeeding the next general election.”

The California Supreme Court and the Attorney General have interpreted this as providing that the appointee shall hold office for the entire unexpired term, Mainero said.

However, Moorlach ultimately backed away from the challenge, saying he decided to accept Assistant Sheriff Jack Anderson as the interim sheriff because he will be the chief of staff among the four assistant sheriffs. Moorlach said he wanted to offer the department some “normalcy” after Carona’s resignation.

Q: Does Carona get to keep his full pension?

A:Yes. He became eligible for his pension at age 50 (he’s 52 now), and it will be worth nearly his currently annual salary, about $200,000. However, he could take a tiny hit to it – but only if he’s convicted.

A new state law that became effective in 2006 denies a public pension to any public official convicted of wrongdoing in office. So because of that law, if Carona is convicted, he would be denied benefits accrued from January 2006 through his leaving office, which is just one year.

Carona will receive medical and dental benefits. Carona’s wife, Debbie, also receives a county pension as she worked in the probation department.

The idea of someone accused of crimes receiving a public pension didn’t go unnoticed this week. During a press conference on Monday, Moorlach was asked about it. Yes, Moorlach said, Carona will get his pension, just as former Treasurer-Tax Collector Bob Citron does. (Citron pleaded guilty to several felony counts for his role in the county’s 1994 bankruptcy.)

“I think working for the county is wonderful,” Moorlach said sarcastically. “If you’re indicted, you still get your pension.”